ASSIGNMENT

OF

CRIMINOLOGY, PENOLOGY

&

VICTIMOLOGY

TOPIC- JUVENILE DELINQUENCY

SUBMITTED BY-

POOJA YADAV

LLB 4TH SEM

SECTION - C

ROLL NO- 861

 JUVENILE COURT

A juvenile court (or young offender's court) is a tribunal having special

authority to pass judgements for crimes that are committed by children or
adolescents who have not attained the age of majority. In most modern legal
systems, children or teens who commit a crime are treated differently from legal
adults that have committed the same offense.

It is a court where kids under 18 are tried and sentenced for criminal behavior,
provided that behavior doesn't warrant trying as an adult (such as homicide).
Typical offenses include underage drinking and possession of marijuana.
Sentencing often includes community service, or some length of time in a
juvenile detention facility.

Industrialized countries differ in whether juveniles should be tried as adults for

serious crimes or considered separately. Since the 1970s, minors have been tried
increasingly as adults in response to "increases in violent juvenile crime." Young
offenders may still not be prosecuted as adults. Serious offenses, such as murder
or rape, can be prosecuted through adult court in England. How ever, as of 2007,
no United States data reported any exact numbers of juvenile offenders
prosecuted as adults. In contrast, countries such as Australia and Japan are in the
early stages of developing and implementing youth-focused justice
initiatives Positive youth justice as a deferment from adult court.

JUVENILE DELINQUENCY

Juvenile delinquency is unlawful conduct by minors, meaning those under the

age of 18 in most states (the age is 17 in Georgia, Michigan, Missouri, New
Hampshire, New York, North Carolina, Texas and Wisconsin), for which there are
penalties.
Some of these acts of delinquency are acts that would be criminal if committed
by an adult, and punishable under criminal laws. Other acts, while still unlawful,
may be more minor in nature. For example, minors who commit status offenses
such as truancy (skipping school) may be subject to penalties within the legal
system. When minors exhibit recurring instances of this type of behavior, they
may become known as “juvenile delinquents.

CHARACTERISTICS OF JUVENILE DELINQUENCY

The characteristics of juvenile delinquency, as observed by sutherlnd and

cressey are as follows-

1. Broad definition of delinquency- for dealing with the juvenile offenders a

broad definition of juvenile courts are more interested in the reformation of
juvenile offenders. The criminal intent, responsilibity, and elements of guilt
do not occupy much importance.
2. Informal procedures- the procedure adopted in the juvenile court is for
informal. The police is supposed to be considerate while arresting juveniles.
3. Investigations- the investigations involves two things, firstly, the question
of facts regarding specific offence, is decided. Secondly, the social situations
of the child are investigated on the basis of information secured in this way,
the child is either placed in detention nor released on bail.
4. Hearing- after investigation, the juvenile court judge hears the case. In
hearing the case weighing evidence is avoided. Attempts are made to
consider specific violation of law.
5. Jurisdiction- the juvenile court exercises jurisdiction over children’s cases.
But this jurisdiction varies from state to state and from country to country.
Generally, the juvenile court has exclusive jurisdiction over children’s case.
6. The disposition- the sentencing procedure in the juvenile court is called
disposition of a case and treatment of juvenile offender depends on the
investigation which is conducted regarding his offence and social conditions.
What are Some Factors That Can Lead to Juvenile Delinquency?
There are a number of factors that can increase the likelihood of a minor
becoming involved in delinquent behavior. While studies can show there a wide
range of influences, typically certain parenting situations will lead to a minor’s
delinquency.

For example, when parents are absent of neglectful and their children’s activities
are not monitored, the children are much more likely to engage in delinquent
behavior. Other children may rebel with delinquent acts against overly
disciplinarian parents.

The peers a minor associates with are also very likely to influence whether a
child becomes involved in delinquent behavior. Delinquent siblings may be a
factor. But there are also many other factors, including issues with mental health,
the area they grew up (e.g. area with high gang activity), or any problems the
child might have with drug use/addiction.

PROCEDURE-

The majority opinion has been prescribed to prevail when there is a difference of
opinion among the members of a Board or the Court. However, when there is no
such majority,the opinion of the Chairman of the principal Magistrate shall
prevail. The Board or the court may act notwithstanding the absence of a any
member of the Board or the Magistrate of the Court and no order made by the
Board or the Magistrate shall be invalid on the groung of absence of the member
or the Magistrate of the Court at any stage of the proceeding. Noboby can be
appointed as a member of a board or a Magistrate of the court if in the opinion of
the State Government he has not special knowledge of child psychology and child
welfare. When a juvenile board or a juvenile court is constitued under J.J. Act for
any area it shall have, expect as otherwise expressely provided by the Act
exclusive power to deal with all proceedings under this Act relating to neglected
juveniles or delinquent juveniles notwithstandings anything contained in any
other law for the time being in force. If no such Board or Court has been
constituted for any area the power confered on the Board or Court of the area
shall be exercise by the District Magistrate, the Sub- divisional Magistrate or any
Metropolitan Magistrate or Judicial Magistrate of the first class. The powers may
also be exercised by the High Court or the Court of Sessions whe any proceeding
comes before them in appeal, revision or otherwise. If a Magistrate having no
Jurisdiction over the Juveniles is of the opinion that any person brought before
him under any of the provision of the Act ( Otherwise then for giving the
Evidence) is a juvenile, he shall after reading his opinion forward the juvenile
and record of the proceedings to the competent authority having jurisdiction
over it and the authority to whom the proceeding is forwarded shall hold the
enquiry as if the juveniles had been originally brought before him.
Criminal defendants under the age of 18 are sent to juvenile court. In
juvenile court, you will not be tried in front of a jury. Instead, a judge
will look at the evidence presented by a prosecutor and reach a decision
on whether you have committed the crime.

Punishments for juvenile offenders

Juvenile courts offer youth offenders many sentencing options, also known as

“disposition orders.” These sentencing options fall under two major categories
and depend on the severity of the offense and the minor’s criminal history:

 Incarceration
 Non-incarceration1

Incarceration may sound like a jail or prison sentence, but often times it is not.
There are many different ways a juvenile court judge can order confinement for a
juvenile offender.

Regardless of your circumstances, a knowledgeable juvenile attorney is

necessary to help guide you through this difficult process. Our attorneys at
Wallin & Klarich can help you develop an aggressive defense to keep you or a
loved one out of jail.
Incarceration Options for Juvenile Delinquents

Once a juvenile court judge determines that the minor violated a criminal law, he
or she may order incarceration as a penalty. Here are some of the different levels
of incarceration you may face as a juvenile delinquent:

 Home confinement or house arrest: The judge orders the minor to

remain at home with certain exceptions for places such as school and
counseling visits;
 Placement with someone other than a parent or guardian: The judge
orders that you live with a relative, or in a group or a foster home;
 Juvenile hall: You are ordered to stay in a juvenile detention center for a
short term;
 Probation (after juvenile hall): You may be ordered to stay in a juvenile
detention facility for a few months and then be put on probation;
 Secured juvenile facilities: For more serious crimes, you may be
sentenced to stay in a secured juvenile facility for a longer period of time;
 Adult jail: In a very serious case, you may be ordered to spend time in an
adult county jail or state prison;
 Blended Sentence: In some jurisdictions, the juvenile court can order
that you spend time in a juvenile facility until you are 18, then transfer to
an adult jail.2

Non-Incarceration Punishments for Juvenile Offenders

A juvenile court judge also has the discretion to offer rehabilitation options for
you, depending on the crime. Some disposition orders that do not include
confinement are:

 Verbal Warning: The judge simply reprimands you verbally;

 Minors could face jail time for crimes in California.
 Fine: You are ordered to pay a fine to the government or to the victim, if
any;
 Counseling;
  Community Service: As your punishment, the court may ask that you
complete a certain number of hours in service to your community;
 Electronic Monitoring: You are ordered to wear a wrist or ankle bracelet
at all times to verify where you are for a certain period of time;

Probation: You may be assigned certain conditions that you have to meet,

including attending counseling, meeting curfews, avoiding certain individuals
(such as gang members) and completing anger management classes. In this case
you will be assigned a probation officer who reports back to the court.

 First Degree Murder;

 Rape;
 Forcible sex offenses in concert with another person;
 Forcible lewd and lascivious acts on a child under 14 years of age;
 Forcible penetration by a foreign object; and
 Sodomy or oral copulation by force, violence or menace.